Emmett v. . Penoyer
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth 'judicial department, entered May 21, 1894, which reversed a judgment in favor of plaintiff entered upon a verdict and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The instrument in suit was imperfect and incomplete, and it was proper to introduce parol evidence to explain or complete it.
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Appeal from an order of the General Term of the Supreme Court in the fifth 'judicial department, entered May 21, 1894, which reversed a judgment in favor of plaintiff entered upon a verdict and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The instrument in suit was imperfect and incomplete, and it was proper to introduce parol evidence to explain or complete it. (Potter v. Hopkins, 25 Wend. 417; Grierson v. Mason, 60 N. Y. 394; Chapin v. Dobson, 78 N. Y. 74; Filkins v. Whyland, 24 N. Y. 344; Allen v. Pink, 4 M. & W. 140; Huson v.…
1Opinion of the CourtO’Brien, J.
This was an action to recover a portion of the purchase price of certain goods and fixtures in a store which were sold by the plaintiff to the defendant. The complaint alleges that the sale was made by agreement of the parties on or about the 28th day of December, 1891; that the defendant, in consideration of the sale, was to surrender to the plaintiff certain notes which he held against him and was to pay to the plaintiff in addition the sum of $1,000 as soon as he could dispose of the property; that the defendant did dispose of the property on or about the first day of March, 1892, and that…
2Cases cited9 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Routledge v. . Worthington Co.New York Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Newburger v. American Surety Co.New York Court of Appeals · 1926
- Petrie v. . Trustees of Hamilton CollegeNew York Court of Appeals · 1899
- Edison Electric Illuminating Co. v. ThacherNew York Court of Appeals · 1920
- Underwood v. . Greenwich Ins. Co.New York Court of Appeals · 1900
- William H. Waters, Inc. v. MarchAppellate Division of the Supreme Court of the State of New York · 1934
14 more not listed; retrieve them via the Exa API.